Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27055
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4770 of 2025 1 - Abhishek Ray S/o Ashim Ray Aged About 22 Years R/o Ward No. 9, Police Station Raighar, District Navrangpur, Odisha. ... Applicant versus 1 - State Of Chhattisgarh Through Police Station Farasgaon, District Kondagaon, Chhattisgarh. ... Non-applicant For Applicant : Mr. Aditiya Kumar Mishra, Advocate. For Res/State : Mr. S. S. Baghel, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.06.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 59 of 2024 registered at Police Station – Police Station Farasgaon, District- Kodagaon, (C.G.), for the offence punishable under Sections 420, 467, 468, 471 of the IPC and Section 20(b) of the Narcotic Drugs and
2 Psychotropic Substances Act, 1985. 2. Case of the prosecution, in brief, is that on 31.05.2024 at about 21.00 hours, acting upon a secret information, the police intercepted the present applicant Abhishek Rai near the culvert of village Barkai on Farasgaon- Makdi Main Road, where he was found illegally transporting 29.180kgs of contraband substance ganja on a motorcycle bearing a forged registration number plact CG04 JF-3902; upon investigation, it was revealed that the said number plat was fake and had been used with the intention to conceal identity and evade law enforcement thereby offences punishable under Sections 420, 467, 468, 471 of the IPC and Section 20(b) of the NDPS Act were registered against the present applicant. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case and the alleged contraband article i.e. 29.180 kgs of ganja was not seized from the exclusive possession of the present applicant. He also submits that the present applicant has no criminal antecedents and he is in jail since 31.05.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4.
On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the quantity of contraband article i.e. 29.180 kgs of Ganja, was recovered from the possession of the present applicant, which is much above the commercial quantity and as such, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3
6. Considering the facts and circumstances of the case and further the fact that the contraband article which has been seized from the possession of the present applicant is much above the commercial quantity and the applicant has failed to give any explanation for the same and it cannot be a case of false implication. 7. Accordingly, the bail application of the applicant – Abhishek Ray, involved in Crime No. 59 of 2024 registered at Police Station – Police Station Farasgaon, District- Kodagaon, (C.G.), for the offence punishable under Sections 420, 467, 468, 471 of the IPC and Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, is rejected. 8. Needless to say that the trial Court concerned, is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/-
(Ramesh Sinha)
Chief Justice amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.28 20:00:50 +0530